Terms of Service (Part 2)
22. Interpretation; Severability; Waiver; Remedies
- Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Sundance in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sundance. Sundance’s rights and remedies hereunder are cumulative and not exclusive.
23. Successors; Assignment; No Third Party Beneficiaries
- These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Sundance’s prior written consent. Sundance may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
- You consent to receive all communications including notices, agreements, disclosures, or other information from Sundance electronically. Sundance may communicate by email or by posting to the Sundance Service. For support-related inquiries, you may email Support (email@example.com).
- Nothing in these Terms or otherwise limits Sundance’s right to object to subpoenas, claims, or other demands.
- We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Sundance Site and/or through the Sundance Service. Modifications will be effective on the date that they are posted to the Sundance Site. It’s important that you review the Terms whenever we update them before you use the Sundance Service. If you continue to use the Sundance Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(i) “Effect of Changes on Arbitration,” you may not use the Sundance Service anymore. Because the Sundance Service is evolving over time we may change or discontinue all or any part of the Sundance Service, at any time and without notice, at our sole discretion.
26. Entire Agreement
- These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Sundance Site or delivered to users via other mediums from time to time:
- App Membership Terms
- Product Purchase and Return Policy
- Medical Services Facilitation Agreement] [Confirm References]
- In the event of a conflict between any policies posted on the Sundance Service and these Terms, these Terms will control. These Terms represents the entire understanding between Sundance and you regarding the Sundance Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
27. Force Majeure
- Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.